Background

• Labour MSP, Alex Rowley, proposed the Domestic Building Environmental Standards Bill via a Members’ Bill in May 2022

• The Bill would have ‘introduced new minimum environmental design standards for all new-build housing to meet the Passivhaus standard, or a Scottish equivalent, in order to improve energy efficiency and thermal performance.’

• In late December 2022, the Scottish Government agreed to progress the substance of the Bill via secondary legislation, rather than the more time consuming parliamentary legislative route

• This means that the new regulations will be able to be passed and scrutinised by a committee of the Scottish Parliament rather than the Parliament as a whole

• This would likely be the Housing Committee to look at the substance of the changes, as well as the Delegated Powers Committee

• This will save parliamentary time, however, it will likely mean that there will be less scrutiny and fewer opportunities for stakeholders to be consulted 

Ministerial Statement 10th January 2022

• In Holyrood, the Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights, Patrick Harvie MSP, announced further details on how and when this will be delivered

• He confirmed that a Scottish equivalent of Passivhaus standard will become the minimum for all new housing to ensure they are warmer, greener and cheaper to run

• Mr Harvie also confirmed that the new standards would be delivered via subordinate legislation, rather than an Act of Parliament as discussed above

• Importantly, Mr Harvie highlighted that these regulations will be in place within 2 years of December 2022

• More details of the standards will be published by the Scottish Government in Spring 2023. The government’s initial focus will be to define the new standard and how this can be delivered via the building standards system

• The Minister highlighted that he will continue to engage with ‘all corners’ of the construction industry and he welcomes input from across the sector

• The government expects to put the proposals for a new standard out to consultation ‘next year’

• Some concerns were  highlighted by opposition MSPs during the session: higher costs for social and private housebuilding, lack of skills and materials to deliver the new standard, difficulties of hitting housing targets with more stringent regulations in place, and why there is a need for a Scottish equivalent rather than just incorporating Passivhaus standards into building standards.

• Further details can be found here: Ministerial Statement